Iowa House OK's regulation on use of drones by public agencies, private individuals

The use of drones by law enforcement and private individuals would be allowed but regulated under legislation that passed the Iowa House on Wednesday.

Drones – known more formally as unmanned aerial vehicles – are remote-controlled flying machines outfitted with cameras and other surveillance equipment that have become strikingly cheaper and more prevalent in recent years.

Although best known as tools of war and reconnaissance overseas, drones of different shapes and sizes are thought to have boundless domestic applications, including by police investigating crimes, farmers monitoring fields, journalists reporting news and more.

But they also could be misused.

“There are very many positive aspects to this. There’s economic development that can come with this technology,” state Rep. Jarad Klein, R-Keota, said during floor debate on Wednesday. “But at the same time there’s also a great chance for abuse. We’re trying to take the first step to address these issues.”

House File 2289, Klein said, is aimed at setting a legal framework to enable the beneficial uses while guarding against the abuses.

Under the bill, law enforcement agencies would be prohibited from using drones that capture and record images unless officials first obtain a search warrant. Drones that transmit but do not record images, meanwhile, could be used without a warrant when searching for criminal suspects, supporting “tactical operations” conducted by law enforcement and monitoring crowds at public events.

The vehicles could also record data without a warrant on public property and under emergency situations.

For private individuals, the bill permits the use of drones in public places and over private property with the permission of the property owner or tenant. The devices could not be used to stalk, follow or intimidate another person or to emit excessive noise, spray gasses or liquids or drop objects.

The bill also bans drones from carrying “dangerous weapons” and sets criminal penalties for violations.

In a lengthy debate, several lawmakers expressed concern that the bill might be too burdensome for police agencies and private individuals alike, and wondered if the effort to regulate drones was driven by unfounded “paranoia” about new technologies.

State Rep. Cindy Winckler, D-Davenport, likened video-recording drones to cell phones, many of which are now capable of recording high-quality video but which are not closely regulated.

“It’s an overreach,” Winckler said of the bill. “I’m not aware of any violations that have been made in regard to the use of drones – only the fear of violations.”

In an interview, Klein said suspicion over drones, particularly those used by government entities, is real and legitimate among Iowans.

“My constituents have concerns about government-run drones,” he said. “They all think NSA, but I don’t want the state of Iowa pulling the same shenanigans that the NSA is doing right now.”

Rep. Mary Mascher, D-Iowa City, added that the bill may create a legal double standard, in which drones are prohibited from taking pictures or recording video that can be legally obtained by a passenger in a traditional aircraft.

Klein replied that the bill represents a starting point for what could be an evolving, years-long discussion over how drones and other surveillance technologies may be used in the state.

The measure ultimately passed on an 87-12 vote. It now goes the Senate, where similar legislation is under consideration.